Judge Finds Probable Cause For Carjacking Defendant Without ‘Consciousness of Guilt’

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DC Superior Court Judge Judith Pipe ruled there is probable cause that a defendant was allegedly involved in the armed carjacking of a white Jeep but released the defendant on home confinement during a preliminary hearing on Nov. 15. 

Tyrone Nicholsom, 24, is charged with unarmed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking that occurred in the 3300 block of 14th Street, NW on Nov. 3. 

According to court documents, Nicholsom allegedly entered the driver’s side of the victim’s car at gunpoint before driving away. 

The prosecution showed a video of the carjacking and an Metropolitan Police Department (MPD) detective testified Nicholsom was stopped and arrested because he was wearing a “distinctive coat” that had been described by the victim.

Quiana Harris, Nicholsom’s defense attorney, argued that prosecution did not have legal grounds to charge Nicholsom. Harris said when Nicholsom allegedly entered the vehicle he had no reason to believe that another person was in the car given that the victim was hiding in the trunk, therefore the incident does not meet the legal standard for a carjacking. Harris said it should be an unlawful use of a vehicle charge at best. 

Harris also argued that there is not enough evidence identifying Nicholsom as the perpetrator. When Nicholsom was stopped he did not have a firearm nor was a firearm was recovered from the vehicle.

Judge Pipe said she was “concerned” about the substance of the prosecution’s evidence but found probable cause, nonetheless.

Harris said Nicholsom has a drug problem and did not recommend that he “hit the streets” but she did ask for release to an inpatient drug treatment facility as soon as possible. 

The prosecution said Nicholsom has failed at outpatient drug treatment facilities and they question if inpatient would be any different.

Judge Pipe said Nicholsom’s actions when he was stopped by the police do not suggest “consciousness of guilt,” and she would allow him to be evaluated for drug treatment and be placed on 24-hour home confinement with GPS monitoring. 

Parties are slated to reconvene on Dec. 2.